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14-161 Praxis Associates for Quinlan Fiber Installation Project. Project 2014-08 DOCUMENT: 22928929 - - - Pages: 3 RECORDING REQUESTED BY Fees. . . . * No Fees Taxes. , , City of Cupertino Copies. , AMT PAID WHEN RECORDED MAIL TO REGINA ALCOMENDRAS RDE # 024 SANTA CLARA COUNTY RECORDER City Clerk's Office Recorded at the request of 428/2015 City of Cupertino C i ty — 10 59 AM 10300 Torre Avenue -- ----- - ----- - Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE INACCORDANCE WITH GOY. CODE 2 73 83 CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION Quinlan Community Center Fiber Connection Project described in the contract with Praxis,Inc., Original , 13 For Fast Endorsement r City Hall 10300 Torre Avenue Cupertino,CA 95014-3255 (408)777-3354 CUPERTINO PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN THAT I, Timm Borden, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work for the Quinlan Community Center Fiber Connection Project hereinafter described in the contract which was entered into, by, and between the City of Cupertino and Praxis, Inc. on September 10, 2014, in accordance with the plans and specifications for said work, have been completed to the City's satisfaction and acceptance of completion was ordered on April 8, 2015. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. �Direct�orof Public Works and City Engineer of the City of Cupertino Date: April 13, 2015 "NO FEE" VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 16th day of April, 2015 at Cupertino, California. /� f /f✓ Andrea Sanders Senior Office CAYsisiant City of Cupertino OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3223•FAX: (408)777-3366 WEBSITE:wvvw.cupertino.org CUPERTINO April 21, 2015 Praxis Associates 1101 Nimitz Avenue Mare Island, CA 94592 Re: Release of any and all claims for Quinlan Fiber Installation project. Project 2014-08. Enclosed for your records is a fully executed original copy of the agreement and release of any and all claims with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works Project No.2014-08 DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release'), made and entered into this 31st day of March, 2015, by and between the City of Cupertino ("City'), and Praxis Associates ("Contractor"),whose place of business is at 1101 Nimitz Avenue,Mare Island,CA 94592. RECITALS A. City and Contractor entered into Contract Number 58788(the"Contract"). B. The Work under the Contract has been completed. Now,therefore,it is mutually agreed between City and Contractor as follows: AGREEMENT 1. Contractor will not be assessed liquidated damages except as detailed below: [No liquidated damages] Original Contract Sum $ 146,998.44 Modified Contract Sum $ 159,234.45 Payment to Date $ 137,983.96 Liquidated Damages $ 0.00 Payment Due Contractor $ 21,250.49 2. Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of Twenty One Thousand Two Hundred Fifty Dollars and Forty Nine Cents($21,250.49)under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with City as of the date of such payment. 3. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against City arising from the Contract, except for the claims described in paragraph 4 of this Document 00650. It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a frill, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against City, and all if its agents, employees, consultants (including without limitation Consulting Cupertino), inspectors, representatives, assignees and transferees except for the Disputed Claims set forth in paragraph 4 of this Document 00650. Nothing in this Agreement and Release shall limit or modify Contractor's continuing obligations described in paragraph 6 of this Document 00650. City of Cupertino 00650- 1 Agreement and Release of Any and All Claims Quinlan Community Center Fiber Installation Project Project No.2014-08 4. The following claims are disputed(hereinafter,the"Disputed Claims") and are specifically excluded from the operation of this Agreement and Release: Claim No. Date Submitted Description of Claim Amount of Claim [No disputed claims] 5. Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that,in consideration of the payment set forth in paragraph 2 of this Document 00650, Contractor hereby releases and forever discharges City,and all of its agents,employees,consultants,inspectors,assignees and transferees from any and all liability,claims,demands,actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract 6. Guarantees and warranties for the Work,and any other continuing obligation of Contractor,shall remain in full force and effect as specified in the Contract Documents. 7. Contractor shall immediately defend,indemnify and hold harmless the City of Cupertino, Santa Clara County, its Architect,any of their Representatives,and all of their agents, employees,consultants,inspectors,assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and/or Subcontractors of any tier and/or any suppliers to them for any and all labor,materials,supplies and equipment used,or contemplated to be used in the performance of the Contract,except for the Disputed Claims set forth in paragraph 4 of this Document 00650. 8. Contractor hereby waives the provisions of California Civil Code Section 1542,which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release,which if known by him,must have materially affected his settlement with the debtor. 9. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation,then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable. 10. Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release,and that it has full right,title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection with this Agreement and Release. 11. All rights of City shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release. City of Cupertino 00650-2 Agreement and Release of Any and All Claims Quinlan Community Center Fiber Installations Project Project No.2014-08 ***CAUTION: THIS IS A RELEASE-READ BEFORE EXECUTING THE CITY OF CUPERTINO, a Municipal Corporation of the State of California By: Name:Timm Borden Its:Director of Public Works ATTEST: Grace Schmidt,City Clerk Praxis Associates,Inc. a California Corporation By: l�l Name:Robert W.Volker Its:Chief Operating Officer By: Name: Its: REVIEWED AS TO FORM: (wbx� Carol Korade,City Attorney 20 END OF DOCUMENT City of Cupertino 00650-3 Agreement and Release of Any and All Claims Quinlan Community Center Fiber Installation Project OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO,CA 95014-3255 TELEPHONE:(408)777-3223•FAX: (408)777-3366 C U P E RT I N O WEBSITE:vwvw.cupertino.org November 20, 2014 Praxis Associates, Inc. 1101 Nimitz Ave. Vallejo, CA 94592-1051 Re: Bid Award, Project Number 2014-08 Quinlan Fiber Installation project. Your bid bond and contract for the above stated project is enclosed. If you have any questions or need additional information,please contact the Public Works Department at(408) 777-3354. Sincerely, Andrea Sanders City Clerk's Office cc: Public Works Enclosure OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO,CA 95014-3255 jai TELEPHONE:(408)777-3223•FAX: (408)777-3366 C U P E RT I N O WEBSITE:www.cupertino.org November 20, 2014 The Fishel Company 5431 W. Grantline Road Tracy, CA 95304 Re: Sid Award, Project Number 2014-08 Quinlan Fiber Installation project. Thank you for your participation in the City of Cupertino's bid process for the above-stated project. The contract was awarded to Praxis Associates, Inc.Your bid bond and statement of qualifications envelope are enclosed. If you have any questions or need additional information,please contact the Public Works Department at(408) 777-33.54. Sincerely, Andreaanders City Clerk's Office cc: Public Works Enclosure OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 TELEPHONE:(408)777-3223•FAX: (408)777-3366 C U P E RT I N O WEBSITE:www.cupertino.org November 20, 2014 Beltramo Electric, Inc PO Box 416 San Martin, CA 95046 Re: Bid Award, Project Number 2014-08 Quinlan Fiber Installation project. Thank you for your participation in the City of Cupertino's bid process for the above-stated project. The contract was awarded to Praxis Associates, Inc. Your bid bond and statement of qualifications envelope are enclosed. If you have any questions or need additional information,please contact the Public Works Department at(408) 777-3354.- Sincerely, 77-3354:Sincerely, Andrea Sanders City Clerk's Office cc: Public Works Enclosure OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO,CA 95014-3255 TELEPHONE:(408)777-3223•FAX: (408)777-3366 C U P E RT I N O WEBSITE:www.cupertino.org November 20, 2014 Daleo, Inc 7190 Forest Street ` Gilroy, CA 95020 Re: Bid Award,Project Number 2014-08 Quinlan Fiber Installation project. Thank you for your participation in the City of Cupertino's bid process for the above-stated project. The contract was awarded to Praxis Associates, Inc. Your bid bond and statement of qualifications envelope are enclosed. If you have any questions or need additional information,please contact the Public Works Department at(408) 777-3354. Sincerely, Andrea anders City Clerk's Office cc: Public Works Enclosure r' m, 1 R_A X I A 5 5 0 C I A T E S September 12, 2014 Erwin Ching, P.E. Associate Civil Engineer City of Cupertino 10300 Torre Ave Cupertino CA 95014 RE: Quinlan Community Center Fiber Installation Project Project#2014-08 Erwin, As outlined in the 09/04/2014 bid award notice (copy attached), included here-in, please find: • Three fully executed counterparts of Document 00520 - Contract • Three original Document 000610 - Construction Performance Bond containing • Three original Document 00620 - Construction Labor and Material Payment Bond • Three sets of Document 00530— Insurance documents and endorsements • Three sets of Document 00700— General Conditions • Four copies of Document 00630 - Guaranty All documents contain original, wet signature. Should you have questions or concerns, please don't hesitate to call me or Dolores Maldonado of my staff @ 707-551-8236. Regards, 1602Z�Z]W�z Robert W. Volker Chief Operating Officer :DM 0 1101 Nimitz Ave Suite#6 0 Vallejo, CA 94592 0 Phone: 707-551-8201 0 Fax: 707-552-8120 0 Project No.2014-08 DOCUMENT 00510 NOTICE OF AWARD Dated: Seetember4,2014 TO:Praxis Associates Inc. ADDRESS:,1101 Nimitz Avenue Suite 6,Vallejo,CA 94592 CONTRACT FOR: QUINLAN COMMUNITY CENTER FIBER INSTALLATION PROJECT PROJECT NO. 2014-08 The Contract Sum of your contract is One Hundred Forty Six Thousand Nine Hundred Ninety Eight and Forty Four Cents($146,998.44). 1. Submit three copies of each of the proposed Contract Documents (except Specifications and Drawings) accompany this Notice of Award. 2. You must comply with the following conditions precedent by 5:00 p.m, of the 10«'Calendar Day following the date of this Notice of Award,that is,by September 15,2014. a. Deliver to City three fully executed counterparts of Document 00520 (Contract). Each of the Contract Documents must bear your signature on the cover page. b. Deliver to City three original Document 00610 (Construction Performance Bond), executed by you and your surety. c. Deliver to City three original Document 00620(Construction Labor and Material Payment Bond),executed by you and your surety. d. Deliver to City three original set of the insurance certificates from Document 00530 (Insurance Forms) with endorsements required under Document 00700(General Conditions). e. Deliver to City four original copies of Document 00630(Guaranty),each executed by you. 3. Failure to comply with these conditions within the time specified will entitle City to consider your Bid abandoned,to annul this Notice of Award,and to declare your Bid security forfeited. 4. Within 21 Days after you comply with the conditions in paragraph 2 of this Document 00510,City will return to you one fully signed counterpart of Document 00520(Contract)with the Contract Documents. 5. Upon commencement of the Work, you and each of your Subcontractors shall certify and make available for inspection payroll records on forms provided by the Division of Labor Standards Enforcement, in accordance with Section 1776 of the California Labor Code. City of Cupertino 00510- 1 Notice of Award Quinlan Community Center Fiber Installation Project v Project No.2014-08 THE CITY OF CUPERTINO,a Municipal Corporation of the State of California("City") BY- Timm P4rden,P.E. Public Works Director END OF DOCUMENT City of Cupertino 00510-2 Notice of Award Quinlan Community Center Fiber Installation Project " Project No.2014-08 DOCUMENT 00520j�n CONTRACT V4'a-?2 THIS CONTRACT,dated this 10th day of September201? by and be wee s Associates, Inc. IName of Contractor] whose place of business is located at 1101 Nimitz Avenue Suite 215 Vallejo CA 94592 [Address of Contractor] ("Contractor"), and the CITY OF CUP RTINO, a Municipal Corporation of the State of California ("City")acting under and by virtue of the authority vesteei in the City by the laws of the State of California. WHEREAS,City,on the 4th day of September ,2014awarded to Contractor the following Project: PROJECT NUMBER 2014-08 QUINLAN COMMUNITY CENTER FIBER INSTALLATION PROJECT NOW,THEREFORE,in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents,in accordance with the Specifications, Drawings,and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Erwin Ching,Associate Civil Engineer, to act as City's Authorized Representative(s),who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s)acting as City's Authorized Representative(s),or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation,all releases and indemnities. 2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue,Cupertino,California 95014 or to such other person(s)and address(es)as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any tune within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700(General Provisions)within 45 Calendar Days from the date when the Contract Time continences to run as provided in Document 00700(General Provisions) City of Cupertino 00520- 1 Contract Quinlan Community Center Fiber Installation Project SEP 12 7014 ~ Project No.2014-08 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses(such as project management and consultant expenses),if all or any part of the Work is not completed within the times specified above,plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Provisions), Contractor and City agree that because of the nature of the Project,it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly,City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. 3.3 Liquidated damages for delay shall only cover administrative, overhead,interest on bonds, and general Ioss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City(for example,delay claims of other contractors,subcontractors,tenants,or other third-parties),and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid,attached hereto: See Exhibit"A"attached Article 5. Contractor's Representations In order to induce City to enter into this Contract,Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means,methods,techniques,sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700(General Provisions)of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost,progress,performance or furnishing of Work,as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Provisions); and no additional City of Cupertino 00520-2 Contract Quinlan Community Center Fiber Installation Project Project No.2014-08 examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations,tests,reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts,errors,ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized,existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument,contract,order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code§4100 et seq.in document 00340(Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents,including all changes,addenda,and modifications thereto: Document 00002 Signature Page Document 00003 Project Directory Document 00012 Caltrans/City Cross-Reference Table Document 00100 Advertisement For Bids Document 00200 Instructions to Bidders Document 00210 Indemnity and Release Agreement Document 00400 Bid Form Document 00411 Bond Accompanying Bid Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00520 Contract Document 00530 Insurance Forms Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00680 Escrow Agreement for Security Deposits in Lieu Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Traffic Control Requirements Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specifications Addenda(s) Drawings/Plans City of Cupertino 00520-3 Contract Quinlan Community Center Fiber Installation Project " Project No.2014-08 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Provisions). Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code§4100 et seq. 7.4 The Contract Sum includes all allowances(if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of die Clayton Act(15 U.S.C. §15)or under the Cartwright Act(Chapter 2(commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor,without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft,classification,or type of worker needed to execute the Contract,as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office,or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Nc)ilhein.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code,Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part,term or provision of this Contract or any of the Contract Documents,or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived,they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts,enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law,that provision is deemed included herein by this reference(or,if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and.the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law(excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims City of Cupertino 00520-4 Contract Quinlan Community Center Fiber Installation Project " Project No,2014-08 Procedure in Document 00700,Article 12,established under the California Government Code,Title 1,Division 3.6,Part 3,Chapter 5. City of Cupertino 00520-5 Contract Quinlan Community Center Fiber Installation Project " Project No.2014-08 s-,P�'p-e IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. QUINLAN COMMUNITY CENTER FIBER INSTALLATION PROJECT CITY: CONTRACTOR: p R�S�GI�-��s W&CITY OF CUPERTINO,a Municipal Corporation of the I_Contractor's name, f -% State of California By: [Signature] Attest: Michael T. Ort [Please print name here] City Clerk:Grace Schmidt Approved as to form by City Attorney: Title: President& C E O [If Corporation: Chairman,President,or Vice President] P VJJ1// r Cit ey:trarol Korade By: �1 [Signature] Robert W. Volker I hereby certify,under penalty of perjury,that Timm Borden, [Please print name here] Director of Public Works of the City of Cupertino was duly Secretary & COO authorized to execute this document. Title: Y [If Corporation: Secretary,Assistant Secretary, Chief Financial Officer,or Assistant Treasurer] Dated ) #866119 A & C-7 State Contractor's License No. Classification —� 10/31/2015 T' Orden,P.E.,Director of Public Works of the City of Expiration Date Cupertino,a Municipal Corporation of the State of California .Designated Representative: Taxpayer ID NO. 20-1164674 Name:Erwin Ching,P.E. Name: Nick A n d re j i C h Title:Associate Civil Engineer Title: General Manager 1101 Nimitz Ave Ste 215 Address: 10300 Torre Ave., Cupertino, CA 95014 Address: Vallejo CA 94592 Phone:408-777-3354 Phone: 626-278-0880 Facsimile:408-777-3333 Facsimile: 707-552-8201 NOTARY ACIOOLEDGEMENT IS REQUIRED. IF A AMOUNT: $O(��,�()0 L��"41200-92166-9300 CORPORATION, CORPORATE SEAL AND CORPORATE ACCOUNT NUMB IER6 h NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE / fJ REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY FILE NO.:92,008.19 9 y NO.IS REQUIRED END OF DOCUMENT City of Cupertino 00520-6 Contract Quinlan Community Center Fiber Installation Project � Project No.2014-08 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. QUINLAN COIMMUNITY CENTER TIBER INSTALLATION PROJECT CITY: CONTRACT CI'T'Y OF CUPERTI.NO,a Municipal Corporation of the [_Contractor's amej State of California Y By: [Signature] Attest: , Michael T. Ort 09/12/2014 l [Please print name here] City Clerk:Grace Sclunidt Approved as to form by City Attorney: Title: President` CEO [if Corporation: Chairman,President,or Vice President] d{.. 1 City t •ney: ,aro Korade, I3 y: nature [Sig � Robert VU. Volker I hereby certify,under penalty of perjury,that Timm Borden, [Please print name here] Director of Public Works of the City of Cupertino was duly authorized to execute this document. Title: Secretary COO [If Corporation: Secretary,Assistant Secretary, Chief Financial Officer,or Assistant Treasurer] Dated: 7 _ #866119 A &C-7 State Contractor's License No. Classification 10/31/2015 Thi �en,,�irecwr ofPublic Works of the City of Expiration Date Cupertino,a Municipal Corporation of the State of California Designated Representative: Taxpayer ID No. 20-1164674 _ Name:.Erwin Ching,P.E. Names Nick Andrejich Title:Associate Civil Engineer Title: GeneralManager 1 i 0l imitz Ave Ste 210 Address:10300 Torre Ave., Cupertino, CA 95014 Address: V. allejo CA 94592 Phone:408-777-3354 Phone: 626-278-0880 Facsimile:408-777-33(Q3j3(Q]Q 'I Facsimile, 707'652-$217 AMOUNT, q I�Y/ I"1 or qq NORPO AON, CORPORATE E RZ•,QUIRED. IF A . CORPORATION, CORPORATE SEAL A'4I) CORPORATE NOTARY AC'I(NONVLEDEMENT AND FEDERAL TAX ID ARE ACCOUNTNUMBER:420-9266-9300— �6l REQUIRG), IF NOT A CORPORATION SOCIAL SECURITY FILE NO.:92,008.1 NO.IS REQUIRE END OF DOCUivMNT City of Cupertino 00520-6 Contract Quinlan Conunenity Center Fiber Installation Project Signature Certificate RightSignature ,r Document Reference: EXYSUHIXZJMVWLN4BM7I86 Easy Online Document Signing ._. Michael T. Ort .., ._ ., . Party ID: EA8X36JBG5TJPBU8PG5V3B IP Address:8.21.67.126 I r U veixiFieo emnii: mort@praxisfiber.com Multi-Factor Fingerprint Checksum i-Factor D79b59eb67bc234ec55e81dcf37eO7ff2bd31165a VIII �i� lYd f� I■Yi � ll III Dig Timestamp Audit 2014-09-12 11:21:54-0700 All parties have signed document.Signed copies sent to:Michael T.Ort and Dolores M.Maldonado. 2014-09-12 11:21:54-0700 Document signed by Michael T.Ort(mort@praxisfiber.com)with drawn signature.-8.21.67.126 2014-09-12 11:14:31 -0700 Document viewed by Michael T.Ort(mort@praxisfiber.com).-8.21.67.126 2014-09-11 17:47:14-0700 Document created by Dolores M.Maldonado(dmaldonado@praxisfiber.com).- 76.222.199.105 This signature page provides a record of the online activity executing this contract. Page 1 of 1 Project No,2014-08 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. QUINLAN COMMUNITY CENTER FIBER INSTALLATION PROJECT CITY: CONTRACTOR: CITY OF CUPERTINO,a MttnicipnI Corporntion of the I_Contractor's name] State of California . By: i, Signature] Attest: I Michael T. Ort [Please print name here] City Clerk:Gracc Sclunidt App o ved as to form by City Attorney: Title: President&CEO [If Corporation: Chairman,President,or Vice President] Cr tto ey:Carol Korade By: [Signature] Robert W.Volker I hereby certify,under penalty of perjury,that Timm Borden, [Please print name here] Director of Public 1Vorks of the City of Cupertino was duly Secretary&COO authorized to execute this document. Title: y [If Corporation; Secretary,Assistant Secretary, Chief Financial Officer,or Assistant Treasurer] Dated; #866119 A &C-7 J Slate Contractor's License No, Classification 10/31/2015 Timvn Borden,P.E.,Director of Public Works of the City of Expiration Date Cupertino,a Municipal Corporation of the State of California Designated Representative; Taxpayer ID No. 20-1164674 i Name:Erwin NicicAndreich Ching,P.E. Name: � ! Title:Associate Civil Engineer Title: General Manager 1101 Nimitz Ave Ste 215 Address:10300 Torre Ave., Cupertino, CA 95014 Address: Vallejo CA 94592 I Phone:408-777-3354 Picone; 626-278-0880 Facsimile:408-777-3333 Facsimile: 707-552-8201 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A AMOUNT; $ V I�� CORPORATION, CORPORATE SEAL AND CORPORATE ACCOUNT Nb-&420:1300— �U NOTARY ACKNOWLEDEMENT AND FEDERAL TAY ID ARE REQUIRED, IF NOT A CORPORATION SOCIAL SECURITY FILE NO.:92,008.19 . ` NO.IS REQUIRED L ^ END OF DOCUMENT 111 City of Cupertino 00520-6 Contract Quinlan Commtmity Center Fiber Installation Project i r —Executed in Triplicate— Bond no.:K08922275 Premium:$2,940.00 Project No.2014-08 DOCUMENT 00610 CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ('Bond") is dated 09/05/2014 is in the penal sum of One hundred forty-six thousand nine hundred ninety-eight and 44/100($146,998.44) [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions,paragraphs 1 through 12, .attached to this page. Any singular reference to Praxis Associates,Inc. ("Contractor"), Westchester Fire Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California("City")or other party shall be considered plural where applicable. CONTRACTOR: SURETY: Praxis Associates, Inc. Westchester Fire Insurance Company Name Name 1101 Nimitz Avenue,Suite 6 701 Pike Street,Suite 1625 Address Principal Place of Business Vallejo,CA 94592 Seattle,WA 98101 City/State/Zip City/State/Zip CONSTRUCTION CONTRACT: QUINLAN COMMUNITY CENTER NBER.INSTALLATION PROJECT PROJECT NUMBER 2014-08 at Cupertino,California. DATED September 04 ,2014 in the Amount of$ 146,998.44 (the"Penal Sum") Praxis Associates, Inc. Westchester Fire Insurance Company CONTRACTOR AS PRINCIPAL. SURETY Company: (Cor Company: (Corp.Seal) – Signature: Signature: Name and Title: Robert W.Volker,Chief Operating Officer Name and Title: Edith Garibay,Attorney-in-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors And assigns to City for the complete and proper performance of the Constriction Contract, which is incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond, 3. If there is no City Default,Surety's obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract;aid 3.2 City has agreed to pay the Balance of the Contract Sum: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract;or City of Cupertino 00610-1 Construction Performance Bond Quinlan Community Center Fiber Installation Project Project No.2013-03 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract. 4. When City has satisfied the conditions of paragraph 3,Surety shall promptly(within 30 days) and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor,with consent of City, to perform and complete the Construction Contract(but City may withhold consent,in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4,below);or 4.2 Undertake to perforin and complete the Construction Contract itself, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contractor without City's consent;or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract,and,upon determination by City of the lowest responsible bidder,arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract;and,if Surety's obligations defined in paragraph 6,below,exceed the Balance of the Contract Sum,then Surety shall pay to City the amount of such excess;or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6,below, for the performance and completion of the Constriction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment's calculation. If City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unlulown or unliquidated resulting from the Contractor Default, If City disputes the amount of Surety's tender under this paragraph 4.4,City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6,below, 5. If Surety does not proceed as provided in paragraph 4,above, Hien Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including,without limitation,and by way of example only,rights to perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors. 6. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sura. Subject to these Ivnits, Surety's obligations under this Bond are commensurate with .the obligations of Contractor under the Construction Contract. Surety's obligations shall include,but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract including, but not limited to, all valid and proper backcharges,offsets,payments,indemnities,or other damages; 6.3 Additional legal,design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under paragraph 4,above(but excluding attorney's fees incurred to enforce this Bond). City of Cupertino 00610-2 Construction Performance Bond Quinlan Community Center Fiber Installations Project .r� Y' " Project No.2014-08 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts,purchase orders and other obligations,including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration,modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. 9. Any proceeding,legal or equitable,under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara,or in a court of competent jurisdiction in the location in which the work is located.Communications from City to Surety under paragraph 3.1_of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise. 10. All notices to Surety or Contractor shall be mailed or delivered(at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety,City or Contractor,however accomplished,shall be sufficient compliance as of the date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions. 12.1 Balance of the Contract Sum:The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract,for example,deductions for progress payments made,and increasesldecreasm for approved modifications to the Construction Contract. 12.2 Construction Contract:The contract between City and Contractor identified on the signature page of this Bond,including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract including,but not limited to, "default" or any other condition allowing a termination for cause as provided in Document 00700 (General Conditions). 12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract,if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT i City of Cupertino 00610-3 Construction Performance Bond Quinlan Community Center Fiber Installation Project 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On V� 05 _� 0 q before me, R Rivas Notary Public Date Here Insert Name and Title of the Officer personally appeared Edith Garibay--------------------------------------------------------------- Name(s)of Signer(s) ----------------------------------------------------------------------------------------------------------- who proved to me on the basis of satisfactory evidence to be the personM whose names' is/Wsubscribed to the within instrument and acknowledged to me that a/she/tk<y executed the same inher/t- lr authorized capacity ' . , and that by hidler/t of signature(s) on the instrument the R. RIVAS person( or the entity upon behalf of which the person(< Commission # 1954551 acted, executed the instrument. Z? :°�:, = Notary Public-California Z Orange County r I certify under PENALTY OF PERJURY under the laws of My Comm.Expires Oct 28,2015 the State of California that the foregoing paragraph is true and correct. Witness my han o ' eal. — Signature Place Notary Seal Above Signature of Notary P blic OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General 9 Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator 7Topof thumb ❑ Guardian or Conservator ITMopof th7here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402.Chatsworth,CA 91313-2402-www.NationalNotary.org Item 175907 Reorder:Call Toll-Free 1-800-876-6827 f Power Of . WESTCHESTER FIRE INSURANCE COMPANY Attorney Know all men by these presents;`'l'itat'W ESTCHESTER FIRE INSURANCE.COMPANY,a corporation of'the.Commonwealth of Pennsylvania pursuant to the :following Resolution,adopted by the Board of Directors of the said Company on December f1,2006,to wit,:- "RESOLVED,thut die following authotizations relate to the execution,for and on behalf of the;Company,at bonds,undertakings,recognizanees,contracts.and other vrittcn commitments of the Company enteted inlo.the ordinary cqurseof business(each a.."Written Commitment"): '(.1) Each of the Glrairmwr thei President and the Vice Presidents:ortlic Company is hereby authorized to execulaagy Written Commitment for and on behalf of the Company,.under the seal of the Company or otherwise. ' (2) roach duly appointed ai}gmey-in4act ofthe Company is hereby authorFzed to execute any Written Commitment for and on'behalf of the Compagy;under the seal ofthe Company or otherwise,to the extent that such action is authorized:bythe grant of powers provided for in such porsons:viMcn appointment as such avomcy-in-fact., (3) Each ofthe Chairman thePre4ent and the Vice.Presidents of the Company is hcr&y euihorized,for and on behalf of the:Gompany,to appoint in writing any person the Woritoy-m-fact ofthe Company wiih full power,and;authority 10 execute,for and on behalf of the Company,under the seal:of the Company or otherwise,such W risen Commitments of the Company as may be specified insuch written appointment,4 hich`specif cation may,be by.genetal type or class of W ritlen Cominitmgpts or by specification of one or moreparticular Written Commitments. ' (4) Each of.the,Cantman,the.Pre§ident and Vied Pres Writs of the CompAny in hereby authorized,for and on behalf of the Company,.to delegate in writing any other officer of thq Companythe d'uthority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification maybe by general type or elms of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officeror'otherlperson cxecunng any Written:Commttmeni or appomtmedt o!delegation pursuant to this Resolution,and the seal.of the Cel ipgny,maybe affixed by facsimllc on such Written Commitment or writicn appointment or delegation. ' FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an:exclusive siti enniat of the powers and authoriiy ofofficers,employees and other persons;to act for and ott behalf ofthe Company,and such Resolution shall not limit:or otherwise affect the exercise ofanysuch power or authority otherwise validly granted or vested.. Does hereby nominate,constitute.and appoint Edith Garibay,Eugene T Zondlo..Rosa E Rivas,all of the City of IRVINE,California,each individually if there be more than one named,its true and lawful attorney-in-fact;to make,execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings, recognizarico,contracts and other€writings in the nature thereof in penalties not exceeding Ten million dollars&zero cents(510,000,000.00)and the execution of such writings in pursuance -se presents shall be as binding upon said Company,as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of Company:at its principal DMICC, Ilrl WITNESS WHEREOF,thesaid Stephen M.Haney,Vicc=President,has hereunto.subscribed.his name and affixed the.Corporate seal of the said:WESTCHESTER TIRE INSURANCE COMPANY this 15 day of May 2013.' WESTCHESTER FIRE INSURANCE COMPANY • Stip ,honey.Vice Prmidetu 5.303 COMMONWEALTH OI'PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On this 0 day of May,AD,20i 3 before me,d Notary Public ofthe Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M. Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the.'individual and officer who executed the preceding instrument,and lie acknowledged that he executed'the same;;and:that the:seal affixed to the preceding instrument is the corporate:seal of said Company;that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Directors of said Company,referred to iii the preceding instrument,is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written. COMM-OW YALTS0orpewivi lANAA A,� 7 e NOTARIAL,SM y E.BRANDY; Pabk 1 n 's1 +a wf' txy�r Atli►. t .: Canstiwlm N BDi4 W a y a;nnr Z 0 D I,the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of e which the foregoing is a substantially true and Correct copy:is in full force and effect. a In witness whereof,I have hereunto subscribcd.myname as Assistant Secretary,and affixed the corporate seal ofthe Corporation,this t hday of September,y LL - 2014 a 'lye► 'Q� �wilLAM L.Kcl y,Aaxiswnl xTeRtrty a THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER May 15,2015. 0 a z 0 LL THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. r.— , ***Executed in Triplicate*** Bond no.: K08922275 Project No,2014-08 Premium:Included in the Performance Bond. DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND TICS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND CBond")is dated 9/05/2014 ,is in the penal sum One hundred forty-six thousand nine hundred ninety-eight and 44/100($146,998.44)------------------------------------------------ [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below, This Bond consists of this page and the Bond Terms and Conditions, paragraphs I through 14, attached to this page. Any singular reference to Praxis Associates,Inc. ("Contractor"), Westchester Fire Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable, CONTRACTOR: SURETY: Praxis Associates, Inc. Westchester Fire Insurance Company Name Name 1101 Nimitz Avenue, Suite 6 701 Pike Street,Suite 1625 Address Principal Place of Business Vallejo,CA 94592 Seattle,WA 98101 City/State/zip CitylState/zip CONSTRUCTION CONTRACT: QUINLAN COMMUNITY CENTER FIBER INSTALLATION PROJECT PROJECT NUMBER 2014-08 at Cupertino,California. i DATED September 04 ,2014 in the Amount of$ 146,998.44 (the"Penal Sum") Praxis Associates,Inc. Westchester Fire Insurance Company CONTRACTOR AS PRINCIPAL SURETY Company: (Co .Seal) Company: (Corp.Seal) Signature: � g Signature:, �� Name and Title: Robert W.Volker,Chief Operating Officer Name and Title:Edith Garibay,Attorney-in-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference, 2. With respect to City,this obligation shall be null and void if Contractor: 2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants;and 2.2 Defends,indemnifies and holds harmless City from all claims,demands,lions or suits by any person or entity who furnished labor, materials or equipment for use hi the performance of the Construction Contact,provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims,demands,liens or suits to Contractor and Surety,and provided there is no City Default, City of Cupertino 00620- 1 Construction Labor and Material Payment Bond Quinlan Community Center Fiber Installation Project Project No.2014-08 3. With respect to Claimants,this obligation shall be null and void it Contractor promptly makes payment,directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, however,fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for any amounts required to be deducted,withheld, and paid aver to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code,with respect to such Work and labor,then Surety shall pay for the same,and also,in case suit is brought upon this Bond,a reasonable attorney's fee,to be fixed by the court, 4. Consistent with the California Mechanic's Lien Law,Civil Code§3082,et seq.,Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed the amount of this Bond,and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims,if any,under any Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond. 7. City shall not be liable for payment of any costs,expenses,or attorney's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to,give notices on behalf of,or otherwise have obligations to Claimants under this Bond. 8. Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be performed thereunder,or materials or equipment to be furnished thereunder or the Specifications accompanying the same,shall in any way affect its obligations under this Bond,and it does hereby waive any requirement of notice or any such change,extension of time,alteration or addition to the terns of the Construction Contract or to the Work or to the Specifications or any other changes, 9. Suit against Surety on this Bond may be brought by any Claimant,or its assigns,at any time after the Claimant has furnished the last of the labor or materials,or both,but,per Civil Code§3249,must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184. 10. All notices to Surety or Contractor shall be mailed or delivered(at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety,City or Contractor,however accomplished,shall be sufficient compliance as of the date received at the foregoing addresses. 11, This Bond has been furnished to comply with the California Mechanic's Lien Law including,but not limited to, Civil Code§§3247, 3248,et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein.. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 13. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for(1)work of a similar character in the locality in which the Work is performed and(2)legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been City of Cupertino 00620-2 Constriction Labor and Material Payment Bond Quinlan Community Center fiber Installation Project I Project No,2014-08 ascertained and determined by the Director of the State Department of Industrial Relations and City to be the i_... general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site, 14. Definitions. 14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as farther defined in California Civil Code §3181, The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment"that part of water,gas,power, light,heat,oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors,and all other items for which a stop notice might be asserted, The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code§3248(6), 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond,including all Contract Documents and changes thereto. 14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract,provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. END OF DOCUMENT City of Cupertino 00620-3 Construction Labor and Material Payment Bond Quinlan Community Center Fiber Installation Project CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 0 5'a() I q before me, R. Rivas, Notary Public Date Here Insert Name and Title of the Officer personally appeared Edith Garibay--------------------------------------------------------------- Name(s)of Signer(s) ------------------------------------------------------------------------------- who proved to me on the basis of satisfactory evidence to be the person(o) whose name(4 is/apw subscribed to the within instrument and acknowledged to me that a/she/tj< executed the same inher/tba;ifauthorized capacity0es'1 and that by hWlier/t,4fr signature(s) on the instrument the R. RIVAS person(,$)', or the entity upon behalf of which the person(' Commission # 1954551 acted, executed the instrument. Notary Public -California z Orange County n I certify under PENALTY OF PERJURY under the laws of My Comm.Expires Oct 28,2015 the State of California that the foregoing paragraph is true and correct. Witness my ha i�kseal. Signature Place Notary Seal Above Signature'ofWMAy Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General 12f Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator 7Topof thumb ❑ Guardian or Conservator ITopof thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item 95907 Reorder:Call Toll-Free 1-800-876-6827 Power of WESTCIiESTER FIRE INSURANCECOMPANY Attorney Know t;11 t;en by these pcesentsc.That WESTCHESTER R FIRE INSURANCC:COIVJPAN.Y,acorporation of.the Comm.onwealth of Pennsylvania pursuant to the following Resolution,adopted by it c Board.of'Directors of the said Company on December 1'I,2006,to wit; "RESOLVED,that the following authotiiations relate to the execution,for and on behalf of the Company ofbonds,undertakings,recognizanees,contracts and other written commitments of the Company entered into the ordinary course of business(each:a"Written Commitment"): ' (1) Each of the.Chairman,the President and the a Vice Presidents of.ihe Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the scal of the Company or otherwise.' :: ... .. .,... (2) Tach duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seaf of the Company or otherwise;to the extent that such action is autimriz4by ilia grant.of powers provided for in.such persons written'appointment as such attorney-in4acr,, (3) Each of the Chairman{hc,President and the Vice Presidents of theCompany is hereby authorized,for and on behalf of the Company,to appoint.in writing any person the ottomay-in-fact of:the Company with full power andauthority to execute,for and on behalf of the Company,under the scaf:of the Company or otherwise,such WrittenCommitments'.of the Company as may be specified in.such wntta t appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each ofthe Chnirioan,the President and Vice Presidents of the I.Company in hereby airthorized,for and on behalf of the Company,to delegate in writing any other ofTiaerof the Companyahe'authority to execute,for and on behalf of the Company;under the Company's sealorothenw-se,such Written Commitments of the Company as are specified in such written:delegation,which specification may be'by general type or class of Written Commitments or by specification of one or more particular Written Commitments, (S) The signatureof any officer:oroth.at person executing any Written Commitment or'appointment or delegation pursuant to this Resolution,and lite:seal of the Company,may be affixed by facsimile on such Wratten Coibniitmeiiforwri;ion app6lntnient ordclegodon: FURTHER RESOLVED,that the e foregoing Resolution shall not be deemd to.bean exclusive statement of the powers and authority ofoflicers,employees and other persons.to act for and on behalf of file Company,and such Resolution shall not limit or otherwise affect the*exercise of any such power ar audionty otherwise validly granted or vested. Does hereby nominate,constitute and appoint Edith Garibay,Eugene T.Zondlo Rosa E Rivas,all of the City of IRVINE;California,each individually if there be more than one named,its true and lawful attorney-in-fact,to make,execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings, recogni'rances,contracts and other writings in the:nature thereof in penalties not exceeding Ten million dollars&zero cents($10,000,000;00)and the execution of such writings in pursuance:of;these presents shall.be as binding upon said Company,as fully and Limply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office, IN WITNESS.WI-TEREOF,the said Stephen M.!fancy,Vice-President,has hereunto subscribed his name and affixed the Corporate seat of thesaid.WESTCHESTER FIRE INSURANCE COMPANY this 15 day of May 201,3. WESTCHESTER FIRE INSURANCE COMPANY Stephen M.Ilmasy.Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On this 15'day of May,AD,2013'before isle,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen ivI Haney,Vice-President of the WESTCHESTER FiRE INSU11ANCI:COMPAN.V to me personally known to be the.individuat and officer who executed the preceding instrument,and he acknowledged that he executed the satnc,'and that the seal-affixed to the preceding instrument is the corporateseal of said Company;that the said corporate seal and his Signature were duly affixed by.the authority and direction:of the said corporation,and that Resolution,adopted by the Board of Directors ofsaid Company,referred to iti:the preceding instrument,is iiow in force. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written. ' g�'A P1 * - COMM9PIWCAL7TY4KT>tF�Fr1Y41^Ahl1A - o N0p7�A�R�S�AL SF& 1W1411�GOfWM�YIl,1111041110114-Pt" . n_��d�-_ 4, r,� 212014Z O W I,the undersigned Assistant Secretary of the WES CCIiC3TER FIR.&INSURANCE COMPANY,dti hereby certify that the original POWER OF ATTORNEY,of o which the foregoing is a substantially true and correct copy;is in full force and effect. Q in witness whereof I!rave hereunto subscribedly'name as Assistant Secretary,and affixed the corporate seal ofthe Corporation,this5 tNapof September Z y *` 2014 a a ���, Go' Viillam 1 Kelly,#sxistiinl r�7turry lr THIS POWER OF ATT6kNEY MAY NOT BE USED TO EXECUTE ANY BONb WITH AN IWEPTION DATE AFTER May 1.5,2015. i S m 0 Z 0 THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. Project No.2014-08 DOCUMENT 00530 INSURANCE FORMS I INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED, ALL DOCUMENTS MUST BE ORIGINALS-SUBMIT IN TRIPLICATE 1. Insurance Agreement-Must be signed by Contractor. I 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation-must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project-must be signed by the insurance agent for general liability only, 5. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance agent for worker's compensation only. City of Cupertino 00530-1 Insurance Forms Quinlan Community Center Fiber Installation Project i I CITY OF I I Project No,2014-08 CUPERTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the { protection of its employees during the progress of the work. The insurer shall waive its lights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing Baine. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amotiunts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations,product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall naive the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies, Insurers must be licensed to do business in the State of California. The Insurers must also have an"A"policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City, D. Before Contractor performs an work at or prepares or delivers materials e p y p p v a t , the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indeimnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in fall force and effect during the life of this Contract,the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. I I City of Cupertino 00530-2 Insurance Forms Quinlan Community Center Fiber Installation Project i i I Project No.2014-08 � LrnJzTs i Worker's Compensation In accordance with the Worker's Compensation &Employers' Liability Act of the State of California—Worker's comp "statutory"per CA Law;Employers'Liability $1,000,000 per occurrence, General Liability-commercial general liability; Combined single limit of$2.0 million per including provisions for contractual liability, occurrence;$4,0 million in the aggregate personal injury,independent contractors and products—completed operations hazard. I Automobile Liability-comprehensive covering Combined single limit of$1.0 million per owned,non-owned and hired automobiles, occurrence. Robert W. Volker Praxis Associates, Inc. By: (Contractor's Name) Chief Opera ing Officer Dated: SEP 11 2014 20- 1 i I Acord25 Form Attached j i City of Cupertino 00530-3 Insurance Forms Quinlan Community Center Fiber Installation Project i i CITY OF Project No.2014-08 1 UPE T C R II10 CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the I insured named below and are in force at this time. Insured: Praxis Associates, Inc-et. a. Address: 1101 Nimitz Ave Suite 215 Vallejo CA 94592 Description of operations/locations/products insured(show contract name and/or number,if any): Quinlan Community Center Fiber Installation Project, Project#2014-08 WORKER'S COMPENSATION X Statutory Min. State Compensation Insurance Fund Employer's Liability I (name of insurer) 1,000,000.00 $ 1,000,000.00 1,000,000.00 Insurance Company's State License No. #35076 Check Policy Type: Each Occurrence $ $1,000,000.00 COMPREHENSIVE GENERAL LIABILITY [X] Premises/Operations General Aggregate $ $2,000,000.00 (if applicable) [XJ Owners&Contractors Protective Aggregate $$2,000,000.00 [y] Contractual for Specific Contract Personal Injury [X] Products Liability [X] XCU Hazards [X] Broad Fonn P.D. Fire Damage(any one fire) $ $50,000.00 [ ] Severability of Interest Clause [ ] Personal Injury with Medical Expense $ $5,000.00 Employee Exclusion Removed (any one person) or Self-Insured COMMIIRCIAL GENERAL LIABILITY Retention $ $2,500.00 Deductible Mt.Hawley Insurance Company (name of insurer) Policy No, MGL 01-80590 Expiration Date 03/31/2015 City of Cupertino 00530-4 Insurance Forms Quinlan Community Center Fiber Installation Project r Project No.2014-08 AUTOMOTIVENEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident Liability Coverage $ $ Each Accident Philadelphia Indemnity Insurance Company (name of insurer) $ or Combined Single Limit $ $1,000,000.00 Policy No. PHPK 115 3026 Expiration Date 03/30/2015 BUILDER'S RISK"ALL RISK" This is to certify that the following policy has been issued by the below-stated company in conformance with the requirements of the project documents and is in force at this time. I N/A I (Name of insurer) Policy No. Expiration Date Limits of Liability: Deductible: A copy of all Endorsements to the policy(ies)which in any way (agent's initial) limit the above-listed types of coverage are attached to this f Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above policy(ies) ptovide liability insurance as required by the Agreement between the City and the insured. By: Dated: 20 Attach Certificate of Insurance and Additional Insured Endorsement on company forms. City of Cupertino 00530-5 Insurance Forms Quinlan Community Center Fiber Installation Project t CITY OF ' Project No.2014-08 ADDITIONAL INSURED ENDORSEMENT and CUPERTINO ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: Quinlan Community Center, Fiber Installation Project In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are hereby declared to be additional insureds under the terms of this policy,but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the f Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held -or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended,voided, j canceled,reduced in coverage or in limits, or materially altered, except after thirty(30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Company: Mt.Hawley Insurance Company I 2. Insurance Policy Number: MGL 07 80590 3. Effective Date of this Endorsement: September 10th,2014 20 4. Insured: Praxis Associates,Inc.et al All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorseinei ts, shall be hailed to or delivered to the City at 1.0300 Torre Avenue; Cupertino, California 95014. I, Joe Castle, Account Manager w: SullivanCurtisMnore (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. City of Cupertino 00530-6 Insurance Forms Quinlan Community Center Fiber Installation Project I I I " Project No.2014-08 Signature of Authorized Representati a SEP 0 9 2014 (Original signature required on all En nlents furnished to the District) I Haines of Agent/Agency: Sullivan Curtis Monroe Title: Account Manager Address: 550 Hope Street,Suite 1000 Telephone: 213-233-0423 i I Los Angeles,CA 90071 213-892-1593 Facsimile: i City of Cupertino 00530-7 Insurance Forms Quinlan Community Center Fiber Installation Project I i CITY or- Project No.2014-08 COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF CUPERTINO INSURANCE PER PROJECT Project Title and Number: Quinlan Community Center, Fiber Installation Project I i In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto,it is as follows: j This Endorsement modifies the insurance provided under the General Liability Coverage pall of the below-referenced policy of insurance. The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described as Quinlan Community Center,Fiber Installation Project 1 POLICY INFORMATION ' I 1. Insurance Company: Traveler's Excess&Surplus Lines Insurance Company 2. Insurance Policy Number: ZUP61M0193Al4NF f 3. Effective Date of this Endorsement: September 10th,2014 20 4. Insured: Praxis Associates,Inc.et al 5. Additional Insured: City of Cupertino,its directors,officers,agents and employees. I All notices herein provided to be given by the Insurance Company to the City in connection with Us policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino,California 95014. I, Joe Castle, Account Manager w: SullivanCurtisMonroe (piinth)Te name) warrant that I have authority to bind the below li d Insurance Company and by my signature hereon do so bind this Company. i i Signature of Authorized Representat e: SEP 2®9� (Original signature required on all E ors eats furnished to f e District) Names of Agent/Agency: Sullivan Curtis Monroe Title: Account Manager Address: 550 S.Hope Street, Suite 1000 Telephone: 213-233-0423 Los Angeles CA 90071 Facsimile: 213-892-1593 I City of Cupertino 00530-8 Insurance Forms Quintan Community Center Fiber Installation Project I I E i CITY OF Project No.2014-08 i WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE i- CUPERTINO Project Title and Number: Quinlan Community Center, Fiber Installation Project In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto,it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy,the Insurance Company waives any light of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefiom, sustained by any employee of the insured, arising out of the performance of the I above-referenced Contract. POLICE'INFORMATION 1. Insurance Company: State Compensation Insurance Fund I i 2. Insurance Policy Number: 907 375 413 3. Effective Date of this Endorsement: September 10th,2014 20 4. Insured: Praxis Associates,Inc. et al i All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino,California 95014. i I,Joe Castle, Account Manager w: SullivanCurtisMonroe (print/type name) warrant that I have authority to bind the below 'sted Insurance Company and by my signature hereon do so bind this Company. SEP 0 8 2054 Signature of Authorized Representative: r (Original signature required on all ado sements fiut- i ed to the District) I Names of Agent/Agency: Sullivan Curtis Monroe Title: Account Manager 550 S.Hope Street Suite 1000 213-233-0423 Address: Telephone: Los Angeles CA 90071 Facsimile: 213-892-1593 . I i City of Cupertino 00530-9/9 Insurance Forms Quinlan Community Center Fiber Installation Project i A6 o® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 9/10/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement- A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER SullivanCurtisMonroe Insurance Services NAME: 550 South Hope Street, p"co"No 213-233-0400 plc Noll: 213-892-1593 Suite 1000 E-MAIL Los Angeles, CA 90071 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# www.SullivanCurtisMonroe.com License#OE83670 INSURERA: Mt.Hawley Insurance Company 37974 INSURED INSURER B: Philadelphia Indemnity Insurance Company 18058 Praxis Associates, Inc., Praxis Optical Networks & INSURER c: Travelers Excess&Surplus Lines Insurance Co 29696 Ingo Networks, Inc. 1101 Nimitz Avenue, #6 INSURER D: Vallejo CA 94592 1 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 21523121 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM DPOLI DYEFF POLICY EXP IYYYY MMIDDM/YY LIMITS LTR A ✓ COMMERCIAL GENERAL LIABILITY ✓ / MGLO180590 3/31/2014 3/31/2015 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE F✓ OCCUR PREM SESOEa occu REITED nce $ 50,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ✓�ECT PRO- FLOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY ✓ ✓ PHPK1153026 3/31/2014 3/31/2015 EOaaB deDISINGLE LIMIT $ 1,000,00 IV/ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOSNON-OWNED PROPERTYDAMAGE $ HIRED AUTOS ✓ AUTOS Per accident C / UMBRELLA LIAB ✓ OCCUR ZUP61M0193A14NF 3/31/2014 3/31/2015 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED ✓ RETENTION$10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Quinlan Community Center Fiber Installation Project;Project No.2014-08.The City of Cupertino and it's directors,officers,engineers,agents and employees,and all public agencies from whom permits will be obtained and their directors,officers,engineers,agents and employees,and the State of California,and its officers,agents and employees are named as additional insured,per the attached policy forms.This insurance is primary and non-contributory.Waiver of subrogation applies,per the attached policy forms.Aggregate limit applies per project per the attached policy form. CERTIFICATE HOLDER CANCELLATION Cit of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10 00 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino CA 95014 AUTHORIZ PRESENTATI SEP 0 9 201 ©1988-2014 AC RD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo a er istered marks of ACORD CERT NO.: 21523121 CLIENT CODE: PRAXIA91 Joe Castle 9/10/2014 12:34:27 PM (PDT) Page 1 of 13 L I Policy Number:MGL0180590 9/10/2014 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (If no entry appears below, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Sched- ule, but only with respect to liability arising out of"your work"for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled below and other insurance which may be available to such additional insureds will be non-contributory. Section IV.,Condition 4.,of this policy is amended accordingly. SCHEDULE Name of Person or Organization: All persons or organizations where required by written contract. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. CGL 216(04/98) Page 1 of 1 CERT NO.: 21520513 CLIENT CODE: PRAXIASl Joe Castle 9/10/2014 9:59:04 AM (PDT) Page 2 Of 13 Praxis Associates, Inc., Praxis Optical Networks& 9/10/2014 MGLO180590 PI-CA-001 (05/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE ELITE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART Following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages,consult the policy contract wording.. Page Coverage Applicable Limit of Insurance # Who is An Insured 2 Board Members Included Newly Acquired Entities Included Designated Insured Included Lessor Included Cost of Bail Bonds $5,000 2 Reasonable Expenses—Loss of Earnings $500 per day 2 Fellow Employee Coverage Amended 3 Towing $100 per disablement 3 Glass Breakage Windshields and Windows No deductible applies 3 Trans ortation Expenses $100 per da /$3,000 maximum 3 Hired Auto Physical Damage—Loss of Use $100 per day/$1,000 maximum 4 Hired Auto Physical Damage ACV or repair or replacement of the 4 vehicle whichever is less Personal Effects $500 4 Rental Reimbursement $100 per da /30 days 4 Accidental Discharge—Air Bag Amended 5 Electronic Equipment $1000 5 Original Equipment Manufacturer Parts Included 5 Replacement Auto Loan/Lease Gap Coverage Amended 6 One Comprehensive Coverage Deductible Per Amended 7 Occurrence Notice of and Knowledge of Occurrence Amended 7 Blanket Waiver of Subrogation Amended as required by written contract 7 Unintentional Errors or Omissions Amended 8 Mental Anguish—Bodily Injury Redefined Amended 8 Coverage extensions under this endorsement only apply in the event that no other specific coverage for these extensions is provided under this policy. If such specific coverage applies,the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy,unless otherwise noted in this endorsement. Any deductible listed in the Auto Declarations Page will apply unless specific deductible provisions are set forth under a coverage enhancement below. Page 1 of 8 ©2010 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. CERT NO.: 21520513 CLIENT CODE: PRAXIASl Joe Castle 9/10/2014 9:59:04 AM (PDT) Page 3 of 13 PI-CA-001 (05/10) I. LIABILITY COVERAGE EXTENSIONS A. Who Is An Insured SECTION 11—LIABILITY COVERAGE,A.Coverage, 1.Who Is An Insured is amended by adding the following: The following are also"insureds": 1. Board Members—Board members(or their spouses)while renting a vehicle while on business for the named insured. 2. Newly Acquired Entities—Any business entity newly acquired or formed by you during the policy period,provided you own 50%or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following the acquisition or the formation of the business entity. 3. Designated Insured=Any person or organization designated by the"insured"is an"insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured"under the Who Is An Insured Provision contained in SECTION II of the Coverage Form. 4. Lessor of Leased Autos—The lessor of a"leased auto"is an"insured"only for"bodily injury"or"property damage"resulting from the acts or omissions by: a. You; b. Any of your"employees"or agents;or c. Any person,except the lessor or any"employee"or agent of the lessor,operating a"leased.auto"with the permission of any of the above. Any"leased auto"in the policy schedule will be considered a covered"auto"you own and not a covered"auto"you hire or borrow. The coverages provided under this endorsement apply to any"leased auto"in the policy schedule until the expiration date of the lease, or when the lessor or his or her agent takes possession of the"leased auto,"whichever occurs first. "Leased auto"means an"auto"leased or rented to you, including any substitute, replacement or extra"auto"needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. B. Cost of Bail Bonds SECTION II—LIABILITY COVERAGE,A.Coverage,2.Coverage Extensions,a. Supplementary Payments, Item (2)is deleted in its entirety and replaced with the following: (2) Up to$5,000 for cost of bail bonds(including bonds for related traffic law violations) required because of an"accident"we cover. We do not have to furnish these bonds. C. Reasonable Expenses SECTION II—LIABILITY COVERAGE,A.Coverage,2.Coverage Extensions,a. Supplementary Payments, Item (4)is deleted in its entirety and replaced with the following: Page 2 of 8 ©2010 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. CERT NO.: 21520513 CLIENT CODE: PRAXIASI Joe Castle 9/10/2014 9:59:04 AM (PDT) Page 4 of 13 L PI-CA-001 (05/10) (4) All reasonable expenses incurred by the"insured"at our request, including actual loss of earnings up to$500 a day because of time off from work. D. Fellow Employee Coverage SECTION II—LIABILITY COVERAGE, B. Exclusions,5.Fellow Employee is deleted in its entirety and replaced by the following: "Bodily injury"to any fellow"employee"of the"insured"arising out of and in the course of the fellow"employee's"employment or while performing duties related to the conduct of your business. However,this exclusion does not apply to any manager or officer of your company. II. PHYSICAL DAMAGE COVERAGE EXTENSIONS A. Towing SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage,2.Towing is deleted in its entirety and replaced with the following: 2. Towing We will pay up to$100 for towing and labor costs incurred each time a covered "auto"is disabled. However,the labor must be performed at the place of disablement. No deductible applies to this enhancement. We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. B. Glass Breakage SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage,3.Glass Breakage—Hitting A Bird Or Animal—Falling Objects Or Missiles is amended by adding the following: No deductible applies to"loss"to glass used in the windshield or windows. We will pay only for those covered"autos"for which-you carry either Comprehensive or Specified Causes of Loss Coverage. C. Transportation Expenses SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage,4.Coverage Extensions,a. Transportation Expenses is deleted in its entirety and replaced with the following: a. Transportation Expenses We will pay up to$100 per day to a maximum of$3,000 for temporary transportation expenses incurred by you because of a"loss"to a covered"auto."We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the"loss"and ending, regardless of the policy's expiration,when the covered"auto" is returned to use or we pay for its"loss." Page 3 of 8 ©2010 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. CERT NO.: 21520513 CLIENT CODE: PRAXIASl Joe Castle 9/10/2014 9:59:04 AM (PDT) Page 5 of 13 PI-CA-001 (05/10) D. Hired Auto Physical Damage—Loss of Use The last sentence of SECTION III—PHYSICAL DAMAGE COVERAGE,A. Coverage,4. Coverage Extension,b.Loss of Use Expenses is deleted in its entirety and replaced with the following: However,the most we will pay for any expenses for loss of use is$100 per day,to a maximum of$1,000. E. Hired Auto Physical Damage SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage,4.Coverage Extensions is amended by adding the following extension: Hired Auto Physical Damage Any"auto"you lease, hire;rent or borrow from someone other than your"employees"or partners, or members of their household is a covered"auto"for each of your physical damage coverages. The most we will pay for any"loss"in any one"accident" is the ACV or the cost for repair or replacement of the vehicle,whichever is less. For each covered"auto"our obligation to a will be reduced b a deductible of$500 for 9 pay Y Comprehensive Coverage and$1000 for Collision Coverage. F.' Personal Effects Coverage 9 SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage,4.Coverage Extensions is amended by adding the following extension: Personal Effects Coverage We will pay up to$500 for"loss"to personal effects,which are: 1. Owned by an"insured";and 2. In or on your covered"auto." This coverage applies only in the event of the total theft of your covered"auto." No deductible applies to this coverage. G. Rental Reimbursement SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage,4.Coverage Extensions is amended by adding the following extension: Rental Reimbursement Coverage We will pay up to$100 per day,for up to 30 days,for rental reimbursement expenses incurred by you for the rental of an"auto" because of"loss"to a covered"auto." We will also pay up to$300 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered"auto." Page 4 of 8 ©2010 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. CERT NO.: 21520513 CLIENT CODE: PRAXIAS1 Joe Castle 9/10/2014 9:59:04 AM (PDT) Page 6 Of 13 PI-CA-001 (05/10) We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. If"loss" results from the total theft of a covered"auto,"we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Item III. C. Transportation Expenses of this endorsement. H. Accidental Discharge—Airbag Coverage SECTION Ill—PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 3. is amended by adding the following exception: This exclusion does not apply to the accidental discharge of an airbag. This coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage. I. Electronic Equipment Coverage The following supersedes anything to the contrary in SECTION III—PHYSICAL DAMAGE COVERAGE, B.Exclusions, Paragraph 4. Exclusions 4.c.and 4.d.do not apply to: Any risk management or monitoring equipment and electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound.This coverage applies only if the equipment is permanently installed in the covered "auto"at the time of the"loss"or the equipment is removable from a housing unit which is permanently installed in the covered"auto"at the time of the"loss,"and such equipment is designed to be solely operated by use of the power from the"auto's"electrical system,in or upon the covered"auto." The most we will pay for all"loss"to risk management or monitoring equipment, audio,visual or data electronic equipment that is not designed solely for the reproduction of sound and any accessories used with this equipment as a result of any one"accident"is the least of: a. The actual cash value of the damaged or stolen property at the time of the"loss"; b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or C. $1,000. This coverage will not apply if there is other insurance provided by this policy for the above- described electronic equipment. We will, however, pay any deductible, up to$500,that is applicable under the provisions of the other insurance. We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. J. Original Equipment Manufacturer(OEM)Parts Replacement SECTION III—PHYSICAL DAMAGE COVERAGE,C. Limit of Insurance, Paragraph 1.is amended to include: Page 5 of 8 ©2010 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. CERT NO.: 21520513 CLIENT CODE: P-1AS1 Joe Castle 9/10/2014 9:59:04 AM (PDT) Page 7 of 13 PI-CA-001 (05/10) However, if the covered"auto"has less than 20,000 miles on its odometer, then the following condition will apply: We will pay the cost to replace the damaged parts(excluding glass and mechanical parts) with new Original Equipment Manufacturer replacement parts if the damaged parts cannot be repaired. K. Auto Loan/Lease Gap Protection SECTION III—PHYSICAL DAMAGE COVERAGE,C.Limit of Insurance is amended to include the following: 4. In the event of"loss"to a covered"auto'that is loaned or leased to an"insured": a. The most we will pay for"loss" in any one"accident'is the lesser of: (1) The actual cash value of the damaged or stolen property as of the time of the"loss"; or (2) The cost of repairing or replacing the damaged or stolen property with other property of like, kind and quality. b. Our Limit of Insurance for"total loss"will be the greater of: (1) The balance due under the terms of the lease or loan,to which your"auto'is subject but not including: (a) Past due payments; (b) Financial penalties imposed under the lease; (c) Security deposits not refunded; d Costs for extended warranties or insurance;or (e) Final payment due under a"balloon loan";or (2) Actual cash value of the stolen or damaged property. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of"loss." c. Additional Definitions (1) "Total loss"for the purpose of this coverage, means a loss in which the estimated cost of repairs, plus the salvage value, exceeds the actual cash value. (2) "Balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan,thereby requiring a large final payment. d. Additional Conditions This coverage will apply only to the original lease or loan written on your covered"auto." In order for this coverage to apply, leased"autos" must be leased or rented to you under Page 6 of 8 ©2010 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. CERT NO.: 21520513 CLIENT CODE: PRAXIA51 Joe Castle 9/10/2014 9:59:04 AM (PDT) Page 8 of 13 PI-CA-001 (05/10) a leasing or rental agreement,for a period of not less than six months,which requires you to provide direct primary insurance for the benefit of the lessor. L. One Comprehensive Coverage Deductible SECTION III—PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: Only one Comprehensive Coverage Deductible per occurrence will apply to any"loss" resulting from a covered peril. For theur ose of this extension occurrence means a single incident, including continuous P P 9 9 or repeated exposure to substantially the same general harmful conditions within a 24-hour period. III. BUSINESS AUTO CONDITIONS A. Notice and Knowledge of Occurrence SECTION IV—BUSINESS AUTO CONDITIONS,A. Loss Conditions,2. Duties In The Event Of Accident,Claim,Suit Or Loss, Paragraph a. is deleted in its entirety and replaced with the following: a. In the event of"accident,"claim, "suit"or"loss,"you must give us,or our authorized representative, prompt notice of the"accident"or"loss." Include: (1) How, when and where the"accident"or"loss"occurred; (2) The"insured's"name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Your duty to give us or our authorized representative prompt notice of the"accident"or "loss"applies only when the"accident"or"loss"is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership;or (3) An executive officer or insurance manager, if you are a corporation. B. Blanket Waiver Of Subrogation SECTION IV—BUSINESS AUTO CONDITIONS,A.Loss Conditions,5.Transfer Of Rights Of Recovery Against Others To Us, is amended by adding the following exception: However,we waive any right of recovery we may have against any person or organization because of payments we make for"bodily injury"or"property damage"arising out of the operation of a covered"auto"when you have assumed liability for such"bodily injury"or "property damage"under an"insured contract." Page 7of8 ©2010.Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. CERT NO.: 21520513 CLIENT CODE: PRAXIASI Joe Castle 9/10/2014 9:59:04 AM (PDT) Page 9 of 13 PI-CA-001 (05/10) C. Unintentional Errors or Omissions SECTION IV—BUSINESS AUTO CONDITIONS B.General Conditions 2.Concealment Misrepresentation,Or Fraud is amended by adding the following: The unintentional omission of,or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However,this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. IV. DEFINITIONS A. Mental Anguish SECTION V—DEFINITIONS,C.'Bodily injury"is amended by adding the following: "Bodily injury"also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Page 8 of 8 ©2010 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. CERT NO.: 21520513 CLIENT CODE: PPAXIAS1 Joe Castle 9/10/2019 9:59:09 AM (PDT) Page 10 of 13 Inyo Networks, Inc. Praxis Associates, Inc., Praxis Optical Networks & Policy Number: MGLO180590 Mt. Hawley Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: All Projects (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obli- General Aggregate Limit for that designated con- gated to pay as damages caused by 'occurrences" struction project. Such payments shall not reduce under Coverage A (SECTION 1), and for all medical the'General.Aggregate Limit shown in the Decla- expenses caused by accidents under Coverage C rations nor shall they reduce any other Desig- (SECTION 1), which can be attributed only to ongoing nated Construction Project General Aggregate operations at a single designated construction project Limit for any other designated construction project shown in the Schedule above: shown in the Schedule above. 1. A separate Designated Construction Project Gen- 4. The limits shown in the Declarations for Each Oc- eral Aggregate Limit applies to each designated currence, Fire Damage and Medical Expense construction project, and that limit is equal to the continue to apply. However, instead of being sub- amount of the General Aggregate Limit shown in ject to the General Aggregate Limit shown in the the Declarations. Declarations, such limits will be subject to the ap- plicable Designated Construction Project General 2. The Designated Construction Project General Ag- Aggregate Limit. gregate Limit is the most we will pay.for the sum of all damages under Coverage A, except dam- 13. For all sums which the insured becomes legally obli- ages because of "bodily injury" or"property dam- gated to pay as damages caused by 'occurrences" age" included in the "products-completed opera- under Coverage A (SECTION 1), and for all medical tions hazard," and for medical expenses under expenses caused by accidents under Coverage C Coverage C regardless of the number of: (SECTION 1), which cannot be attributed only to on- going operations at a single designated construction a. Insureds; project shown in the Schedule above: b. Claims made or"suits"brought;or 1. Any payments made under Coverage A for dam- ages or under Coverage C for medical expenses c. Persons or organizations making claims or shall reduce the amount available under the Gen- bringing "suits." eral Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is appli- 3. Any payments made under Coverage A for dam- cable; and ages or under Coverage C for medical expenses 2. Such payments shall not reduce any Designated shall reduce the Designated Construction Project Construction Project General Aggregate Limit. CG 25 03 03 97 Copyright, Insurance Services Office; Inc., 1996 Page 1 of 2 CERT NO.: 21520513 CLIENT CODE: PRAXIASl Joe Castle 9/10/2014 9:59:04 AM (PDT) Page 11 of 13 C. When coverage for liability arising out of the "pro- D. If the applicable designated construction project has ducts-completed operations hazard" is provided, any been abandoned, delayed, or abandoned and then re- payments for damages because of "bodily injury" or started, or if the authorized contracting parties deviate Y 9 "property damage" included in the "products-com- from plans, blueprints, designs, specifications or time- pleted operations hazard" will reduce the Products- tables, the project will still be deemed to be the same Completed Operations Aggregate Limit, and not re- construction project. duce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. E. The provisions of LIMITS OF INSURANCE (SFC- TION Ill) not otherwise modified by this endorsement shall.continue to apply as stipulated. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 9996 Page 2 of 2 CERT NO.: 21520513 CLIENT CODE: PRAXIASI Joe Castle 9/10/2014 9:59:04 AM (PDT) Page 12 of 13 9/10/2014 Praxis Associates, Inc.,Praxis Optical Networks& POLICY NUMBER: Inyyo Networks,Inc. MGLO180590 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 p CERT NO.: 21520513 CLIENT CODE: PRAXIASI Joe Castle 9/10/2014 9:59:04 AM (PDT) Page 13 of 13 Praxis Associates,Inc. Travelers Insurance Company Limited-Company Profile-Best's Credit Rating Center Page 1 of 1 Project#2014-08 Quinlan Community Center Fiber Installation Project Ratings W Criteri r-" Center I Welcome Back Carmen Pedroza My Member Center I Log Out Regional Centers:Asia-Pacific I Canada I Europe,Middle East and Africa I Latin America I MENA&SCA Home I About Us I Contact Us I Sitemap Ratings&Criteria Al New Search:'­ Sea_ »Advanced Search HPT nt this page U »Home »Credit Rating Releases Methodology Travelers Insurance Company Limited » »Best's Credit Ratings+ »Financial Strength Rafing A.M.Best#:085363 AIIN#:AA1121375 »Issuer Credit Rating Domiciliary Address »Debt Rating Exchequer Court 33 St.Mary Axe Assigned to€A encialShw 6th Bsi ng »Advanced Search London EC3A 8AG, companies »y n�es7 »About Best's Credit Ratings+ United Kingdom that have,in, p,pl [ent »Get a Credit Rating+ our opinion, »Best's Special Reports Web:www.travelers.co.uk on excellent ability to meet(heir »Add Best's Credit Ratings Search Phone:44-203-207-6000 ongoing insurance obligations. To Your Site Fax:44-203-116-2180 »BeslMark for Secure-Rated Insurers Based on A.M.Best's analysis,058470-Travelers Companies.Inc.is the AMB Ultimate Parent and identifies the topmost entity of »Contact an Analyst the corporate structure.View a list of operating insurance entities in this structure. »Awards and Recognitions Best's Credit Ratings News&Analysis Products&Services Financial Strength Rating View Definition Best's Credit Rating Analyst Industry Information V Rating: A(Excellent) Office:A.M.Best Europe-Rating Services Limited, Corporate is Financial Size Category: XI($750 Million to$1 Billion) London Regulatory Affairs w Outlook: Stable Senior Financial Analyst:Anthony Silverman Support&Resources »r Action: Affirmed Director-Analytics:Catherine Thomas Conferences and Events Effective Date: November 15,2013 Initial Rating Date: October 10,1994 Disclosure Information Find a Best's Ci edit Ratfn Long-Term Issuer Credit Rating View Definition _ g View A.M.Best's Rating Disclosure Statement .Enter a Company Name�� Long-Term: a+ »Advanced Search Outlook: Stable A.M.Best Affirms Ratings of Travelers Action: Affirmed s Insurance Company Limited A.M-Best Rating Services Effective Date: November 15,2013 ` November 15,2013 codad tnfwmAl.ion n Initial Rating Date: May 06,2005 View Rating Definitions u Denotes unser Review Bests Rath a (Select one J Reports and News we.....................-...__.........,......c.........._ Visit Best's News and Analysis site for the latest news and press releases for this company and its A.M.Best Group. 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Hawley Insurance Company- Company Profile-Best's Credit Rating Center Page 1 of 2 Project#2014-08 Quinlan Community Center Fiber Installation Project Ratings & Criteria is CeAJLte Welcome Back Carmen Pedroza My Member Centers Log Ou Regional Centers:Asia-Pacific i Canada i Europe,Middle East and Africa i Latin America I MENA&SCA Home i About Us I Contact Us I Sitemap Ratings&Criteria New Search: »Advanced Search L Pflnf this page (?) »Home »Credit Rating Releases ethodology Mt. Hawley Insurance Company »M n Best's Credit Ratings+ »Financial Strength Rating A.M.Best#:002591 NAIC#:37974 FEIN#:371072999 »Issuer Credit Rating Domiciliary Address Assigned to jAnanciatstrmigth Rstin9 »Debt Rating 9025 North Lindbergh Drive companies , csT " Advanced Search Peoria,IL States that have,in p A+-Suparfor 1 »About Best's Credit Ratings+ United States »Get a Credit Rating+ our opinion, n Best's Special Reports Web:www.rlicorp.com a superior ability to meet their »Add Best's Credit Ratings Search Phone:309-692-1000 ongoing insurance obligations. 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Industry Information ri Financial Strength Rating View Definition Best's Credit Rating Analyst Corporate s1 Rating: A+(Superior) Office:A.M.Best Company,Oldwick NJ Regulatory Affairs 0 Affiliation Code: g(Group) Financial Analyst:Kenneth Monahan Support&Resources Financial Size Category: XI($750 Million to$1 Billion) Assistant Vice President:Henry K.Witmer,CPCU, Conferences and Events k, Outlook: Stable ARM-E Action: Affirmed Find a Best's Credit Rating Effective Date: June 03,2014 Disclosure Information -" Initial Rating Date: June 30,1980 Enter a Company Name »Advanced Search Long-Term Issuer Credit Rating View Definition View A.M.BeSt'sRating Disclosure Statement Long-Term: as A.M.Best Upgrades Issuer Credit Rating of A.M.Best Rating Services Outlook: Stabler Contractors Bonding and Insurance Company Action: Affirmed June 03,2014 Effective Date: June 03,2014 View Rating Definitions Initial Rating Date: June 27,2005 .Selecta e... 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Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength,operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor Its ability to meet its financial obligations,including those to policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A.M.Best I Site Map I Privacy Policy I Security I Terms of Use I Legal&Licensing Copyright©2014 A.M.Best Company,Inc.ALL RIGHTS RESERVED. A.M.Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858,U.S.A. http://www3.ambest.com/ratings/entities/SearchResults.aspx?SR=1 9/4/2014 A4C�® DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 9/10/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER SullivanCurtisMonroe Insurance Services NAME: 550 South Hope Street, PHONE FAX c o 213-233-0400 (AIX,No): 213-892-1593 Suite 1000 E-MAIL Los Angeles, CA 90071 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# www.SullivanCurtisMonroe.com License#OE83670 INSURER A: State Compensation Insurance Fund 35076 INSURED INSURER B: Praxis Associates, Inc., Praxis Optical Networks& In o Networks, Inc. INsuRERc: 1101Nimitz Avenue, #6 INSURER D: Vallejo CA 94592 INSURER E: INSURER F, COVERAGES CERTIFICATE NUMBER: 21520556 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR Y EFF POLICY EXP LTR POLICY NUMBER MMIDDIYYYY MMIDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO CLAIMS-MADE F1 OCCUR PREM SES a occu ence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Peraccident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION 907375413 SPER TATUTE OERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? F--1N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Quinlan Community Center Fiber Installation Project;Project No.2014-08.Waiver of Subrogation Applies. CERTIFICATE HOLDER CANCELLATION Cit of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit O re Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino CA 95014 AUTHORIZED RESENTATIVE C Az W 9 SEP 09 2014 ©1988-2014 ACORD ORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo aregi ered marks of ACORD CERT NO.: 21520556 CLIENT CODE: PRAXIASl Joe Castle 9/10/2014 10:01:29 AM (PDT) Page 1 of 1 ENDORSEMENT AGREEMENT BROKER Y WAIVER OF SUBROGATION REP D8 9073754-13. NEW SP HOME'OFFICE 5-24--56-11 SAN FRANCISCO MAGE 1 OF 1 ALLEFFECTIVE DATES ARE AT 12:01 AM PACIFIC EFFEC'T'IVESept. TIME INDICATED 10 2014 AT 12.01 A.M. STANDARD TIME AT T OR' THE ANIS. EXPIRING SEPTEMBER 30, 2014 AT 12.01 A. I. PACIFIC STANDARD TIME PRAXIS ASSOCIATES, INC 1101 NIMITZ AVE STE G VALLEJO, CA 94592 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, City of Cupertino ..............._...................----._..._..__..__._...__...__._._...----_._..._........_..W�,IC�.M.YGH. ..ARTSE ..BY -REASON OF.....?�Y'_..PtYrLENT UNDER THIS_...._.._..._._..__--.--_.._.....___.._...........--------.-.----..__-.. POLICY IN CONNECTION WITH WORK PERFORMED BY, PRAXIS ASSOCIATES, INC ITIS FURTHER AGREED THAT THE INSURED.SHALL MAINTAIN PAYROLL: RECORDS ACCURATELY SEGREGATING. THE REMIUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER.. TT TS FURTHER AGREED THAT PREMIUM. ON THE EARNINGS OF SUCH ,EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED.SHALL BE HELD TO 'VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR' LIMITATIONS OF THIS ENDORSEMENT_ COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: September 10, 2014 2570 YCAL. AUTNORIZE� REPRESENT LVE PRESIDENT AND CEO SCIF FORM 10217 (REV.1-2012) OLD DP 217 Project No.2014-08 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO,a Municipal Corporation of the State of California("City"),for construction of QUINLAN COMMUNITY CENTER FIBER INSTALLATION PROJECT CUPERTINO,CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance,or such longer period specified in the Contract Documents,its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear withhi one year, or longer if specified, from the date of Final Acceptance. If within one year after the date of final Acceptance, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective,and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions,or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims,costs,losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work,or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment,materials,or Work required to be provided under the Contract Documents have been inspected,accepted,and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents,including,without means of limitation,Section 00700(General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of,any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be.resolved in favor of the higher level of obligation of the Contractor. Praxis Associates,Inc. Contractor's Name BY: 1101 Nimitz Ave Suite 215 Rob . Vo cer,Chief Operating Officer. Address SEP �Q�� Vallejo CA 94592 City/State/Zip Date END OF DOCUMENT City of Cupertino 00630-1 Guaranty Quinlan Community Center Fiber Installation Project